PRODELL v. State

John B. Robbins, Judge.

Appellant Darryl A. Prodell was convicted by a jury of being a felon in possession of a firearm. He was sentenced as a habitual offender to fifteen years in prison. Mr. Prodell’s sole argument on appeal is that the trial court erred in refusing to submit his proffered jury instruction on the “choice of evils” defense. We affirm.

It was stipulated at trial that Mr. Prodell has a prior felony conviction. The State’s evidence concerning Mr. Prodell’s possession of a firearm included the testimony of Robert McKellar, a pawn broker. Mr. McKellar testified that onjanuary 10,…